Section 5-605 – Permit to Appropriate or Use Geothermal Resources
(a) A person shall obtain a permit from the Department to appropriate or use or to construct any well, plant, building, or structure which may appropriate or use geothermal resources of the State. The permit is obtained upon written application to the Department. The applicant for the permit must have the legal right to use the […]
Section 5-606 – Bonds
After receiving notification from the Department that an application for an exploratory or appropriation permit has been approved, but prior to commencing any construction, the applicant shall file a bond with the Department. The amount of the bond shall be determined by the Department. The bond shall be conditioned that the applicant will faithfully perform […]
Section 5-607 – Judicial Review of Action on Application
A request for judicial review of the Secretary’s action on any application shall be made within 30 days after the decision has been rendered. Proceedings shall be filed in the circuit court having jurisdiction in which the facility or any part of the facility is to be situated.
Section 5-608 – Violations
(a) Any person who violates any provision of this subtitle may be enjoined by a court of competent jurisdiction upon application of the Department acting through the Attorney General. (b) Any person who violates any provision of this subtitle or any permit or order issued under this subtitle is liable to a penalty not exceeding $10,000, as […]
Section 5-514 – Penalty for Violation of Subtitle
(a) (1) In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle relating to water appropriation and use or any rule, regulation, order, or permit adopted or issued under any such provision is liable for a civil penalty not exceeding $5,000 per violation to be collected […]
Section 5-515 – Order or Notice on Receipt of Complaint
(a) After or concurrently with the service of a complaint under this subtitle relating to water appropriation and use, the Department may: (1) Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order; (2) Send a written notice that requires the person to whom […]
Section 5-501 – Policy of State; Subtitle Supplemental to Existing Laws
(a) In order to conserve, protect, and use water resources of the State in accordance with the best interests of the people of Maryland, it is the policy of the State to control, so far as feasible, appropriation or use of surface waters and groundwaters of the State. Also, it is State policy to promote public […]
Section 5-516 – Notice and Hearing
(a) The Department shall give notice and hold any hearing related to orders imposed under the water appropriation and use provisions of this subtitle in accordance with the Administrative Procedure Act. (b) (1) Within 10 days after being served with an order under § 5–515(a)(1) of this subtitle, the person served may request in writing a hearing before […]
Section 5-502 – Permit to Appropriate or Use State Waters
(a) Every person is required to obtain a permit from the Department to appropriate or use or begin to construct any plant, building, or structure which may appropriate or use any waters of the State, whether surface water or groundwater. The permit is obtained upon written application to the Department. The applicant shall provide the Department […]
Section 5-5B-01 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Expanded water appropriation permit” means a revised permit granting a significant increase in the withdrawal of water authorized under the existing water appropriation permit. (c) “Public water system” has the meaning stated in § 9–401 of this article and is a water system located in the […]